harvard law todaytoday.law.harvard.edu/wp-content/uploads/2014/01/web-hlt... · 2018-10-01 · july...

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Harvard Law Today Harvard Law School 1563 Mass. Ave Cambridge, MA 02138 Nonprofit Org. U.S. Postage PAID Boston, MA Permit No. 54112 INSIDE l MORE HLS NEWS: www. l aw. harvard.edu 2 Whiting, Gasser named professors of practice 3 Former Massachusetts Gov. Michael Dukakis offers lessons on consensus building 4 Congratulations to the Class of 2013! 5 William Coleman: Inspirational Harvard medalist 8 Happy Birthday, Legal Aid Bureau: Celebrating a century of serving and learning HARVARD LAW Today www.law.harvard.edu/news/hltoday/ July 2013 É A question of balance Are law school f aculties too liberal? Harvard Law study finds legal fractures SIXTEEN PUBLIC SERVICE visionaries and social entrepre- neurs from Harvard Law School have been selected as the inau- gural recipients of grants from the Public Service Venture Fund, a unique program which will award up to $1 million each year to help graduating Harvard Law students and recent graduates obtain their ideal jobs in public service—even if those jobs dont yet exist. A first-of- its-kind program at a law school, the Public Ser- vice Venture Fund invites law students and recent alumni to identify unmet legal needs and develop new initiatives to meet them. Supporting “seed grants” for startup public interest ven- tures, and offering salary support for fellows undertaking at exist- ing organizations, the Venture Fund spearheads social entre- preneurship and a rigorous AT HARVARD LAW School on April 5, a panel of leading legal scholars examined a single ques- tion: Is there a lack of intellectual diversity at law schools? James Lindgren, a law professor at North- western University, began with numbers, citing a study in which only 13.2 percent of faculty at the country’s 100 largest law schools reported being Republican or Republican leaning.” Of law school faculty who have donated more than $200 to a political party, 81 percent have donated to Democrats (91 percent at HLS), according to the study. My opinion is that there is some dis- crimination in law school hiring, Lindgren said. Moderator David Barron 94, a Harvard Law professor, then gave the floor to HLS colleague Jack Goldsmith, who served as special coun- sel to the Department of Defense during the presidency of George W. Bush. Conservatives are sometimes caricatured at Harvard as people “who would turn back the clock in various ways,” Goldsmith said. And conservative views are often scorned, he said, adding, “Most of my colleagues think originalism [and other conservative legal theories] are bunk.” Goldsmith said that many of his col- A registry intended to provide information to the public about the chemicals used in hydraulic fracturing is not an acceptable regulatory measure, according to a recent report by Harvard Law School’s Environmental Law Program Policy Initiative. Written by Kate Konschnik, policy director of HLSs Environmental Law and Policy Program, with and Policy Program, with Margaret Holden ’14 and Alexa Shasteen ’14, the report, “Legal fractures in chemical disclosure laws: Why the voluntary chemical disclosure registry FracFocus fails as a regulatory compliance tool,” has generated significant media attention. l WEBLINK: bit.l y/ f ractures201 3 Major conference at Harvard Law School explores ideological diversity in legal education. Public Service Venture Fund confers grants HLS is first law school to off er seed grants f or public interest ventures ,5 , 7 Ã From left to right, top to bottom: Alec Karakatsanis 08 and Phil Telfeyan ’08, David Wertime ’07, Ona Balkus J.D./M.P.H. ’13, Nicolette Boehland ’13, Genevieve Bonadies ’13, Andrew Crocker 13, Frances Dales ’13, Shelmun Dashan ’13, Stephanie Davidson ’13, Jason Gelbort J.D./M.A.L.D. ’13, Elsa Meany ’13, Summer Moore- Estes 13, Lena Silver ’13, Lillian Langford J.D./ M.P.P. ’13, Elian Maritz ’13 16 “I SALUTE THE TALENTS, RISK- TAKING, AND DEVOTION TO OTHERS THAT CHARACTERIZE EACH RECIPIENT OF THE INITIAL GRANTS AND FELLOWSHIPS.” Dean Martha Minow STEPHANIE MITCHEL L JAMES LINDGREN AND JACK GOLDSMITH DAVID BARRON ’94 AND MARK TUSHNET

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Page 1: HARVARD LAW Todaytoday.law.harvard.edu/wp-content/uploads/2014/01/Web-HLT... · 2018-10-01 · July 2013 Harvard Law Today 3 Playing hardball Tasked with providing strategic advice

Harvard Law TodayHarvard Law School1563 Mass. AveCambridge, MA 02138

Nonprofit Org.U.S. PostagePAIDBoston, MAPermit No. 54112

I N S I D El MORE HLS NEWS:

www.law.harvard.edu

2 Whiting, Gasser named professors of practice 3 Former Massachusetts Gov. Michael Dukakis off ers lessons on consensus building 4 Congratulations to the Class of 2013! 5 William Coleman: Inspirational Harvard medalist 8 Happy Birthday, Legal Aid Bureau: Celebrating a century of serving and learning

HARVARD LAW

Todaywww.law.harvard.edu/news/hltoday/ July 2013

A question of balanceAre law school faculties too liberal?

Harvard Law study finds legal fractures

S I X T E E N P U BL I C S E RV I C Evisionaries and social entrepre-neurs from Harvard Law Schoolhave been selected as the inau-gural recipients of grants from the Public Service Venture Fund, a unique program which will award up to $1 million each yearto help graduating Harvard Law students and recent graduates obtain their ideal jobs in public service—even if those jobs don’t yet exist.

A first-of-its-kind programat a law school, the Public Ser-vice Venture Fund invites law students and recent alumni to identify unmet legal needs and develop new initiatives to meet them. Supporting “seed grants”for startup public interest ven-tures, and offering salary support for fellows undertaking at exist-ing organizations, the Venture Fund spearheads social entre-preneurship and a rigorous

AT HARVARD LAW School on April 5, a panel of leading legal scholars examined a single ques-tion: Is there a lack of intellectual diversity at law schools?

James Lindgren, a law professor at North-western University, began with numbers, citing a study in which only 13.2 percent of faculty atthe country’s 100 largest law schools reported being “Republican or Republican leaning.” Of law school faculty who have donated more than $200 to a political party, 81 percent have donatedto Democrats (91 percent at HLS), according tothe study. “My opinion is that there is some dis-

crimination in law school hiring,” Lindgren said.Moderator David Barron ’94, a Harvard Law

professor, then gave the floor to HLS colleague Jack Goldsmith, who served as special coun-sel to the Department of Defense during the presidency of George W. Bush. Conservatives are sometimes caricatured at Harvard as people “who would turn back the clock in various ways,” Goldsmith said. And conservative views are often scorned, he said, adding, “Most of my colleagues think originalism [and other conservative legal theories] are bunk.”

Goldsmith said that many of his col-

A registry intended to provide information to the public about the chemicals used inhydraulic fracturing is notan acceptable regulatory

measure, according to a recentreport by Harvard Law School’sEnvironmental Law ProgramPolicy Initiative. Written byKate Konschnik, policy directorof HLS’s Environmental Lawand Policy Program, withand Policy Program, withMargaret Holden ’14 andAlexa Shasteen ’14, the report, “Legal fractures in chemicaldisclosure laws: Why thevoluntary chemical disclosureregistry FracFocus fails as aregulatory compliance tool,”has generated significantmedia attention.

l WEBLINK: bit.ly/fractures2013

Major conference at Harvard Law School explores ideological diversity in legal education.

Public Service Venture Fund confers grantsHLS is first law school to offer seed grants forpublic interestventures

,5

,7

From left to right, top to bottom:Alec Karakatsanis ’08 and Phil Telfeyan ’08, David Wertime ’07, Ona Balkus J.D./M.P.H.’13, NicoletteBoehland ’13,Genevieve Bonadies ’13,Andrew Crocker ’13, FrancesDales ’13,Shelmun Dashan ’13, Stephanie Davidson ’13,Jason Gelbort J.D./M.A.L.D. ’13, Elsa Meany ’13,Summer Moore-Estes ’13, Lena Silver ’13, Lillian Langford J.D./M.P.P. ’13, ElianMaritz ’13

16“ I SALUTE THETALENTS, RISK-

TAKING, ANDDEVOTION TOOTHERS THAT

CHARACTERIZEEACH RECIPIENT

OF THE INITIALGRANTS AND

FELLOWSHIPS.”Dean Martha

Minow

ST

EP

HA

NIE

MIT

CH

ELL

JAMES LINDGREN AND JACK GOLDSMITH

DAVID BARRON ’94 AND MARK TUSHNET

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BRIEFS

Whiting, Gasserprofessors of practice ALEX WHITING and URS GASSER LL.M.

’03 were recently named professors of practice at Harvard Law School. Whiting most recently served as the prosecution coordinator in the Office of the Prosecu-tor at the International Criminal Court, where he was responsible for managingprosecutions of crimes against humanity,war crimes and genocide. He has focused on ICC investigations in Uganda, theDemocratic Republic of Congo, Sudan,the Central African Republic and Kenya, among other countries. He worked as the investigation coordinator at the ICC from 2010 to 2012. He previously taughtat HLS as an assistant clinical profes-sor. Gasser, an executive director of the Berkman Center for Internet & Society,focuses his scholarship and teaching on information law and policy, societal is-sues, and the interplay between law and innovation. His projects explore such top-ics as policy and educational challengesfor young Internet users, the regulationof digital technology (currently with a focus on cloud computing), information and communication technology interop-erability, information quality, the law’s impact on innovation and risk in the ICT space, cybersecurity, and alternative gov-ernance systems.

Shavell receives law and economics medalThe American Law and Economics As-sociation selected Professor STEVEN

SHAVELL as the 2014 recipient of the Ron-ald H. Coase Medal, a biennial award thatrecognizes major contributions to the field of law and economics. Shavell is anexpert on the economic analysis of the ba-sic subject areas of law—contracts, torts,property and criminal law—past directorof the Law and Economics Program of theNational Bureau of Economic Research,and a co-founder and past president of the American Law and Economics As-sociation. The award, named in honor of

Ronald Coase, who won the Nobel Prize in Economic Sciences in 1991, was givento Judge RICHARD A. POSNER ’62 in 2010and Judge GUIDO CALABRESI in 2012.

Manning electedto Academy of Arts & SciencesProfessor JOHN F. MANNING ’85, anexpert in administrative law, statutory interpretation, separation of powers law and the federal courts, was elected a member of the American Academy of Arts & Sciences. This year, 198 individu-als were selected to join the academy, one of the nation’s most prestigious honorary societies, whose ranks include scholars,scientists, writers, artists, politicians, and civic, corporate and philanthropic leaders.

100 Most Influential LawyersSeveral members of the Harvard LawSchool faculty and more than a dozen alumni were named to The National LawJournal’s list of the 100 Most Influential Lawyers in America: Professors LAW-

RENCE LESSIG and CASS SUNSTEIN ’78;Lecturers on Law MARTIN BIENENSTOCK,DALE CENDALI ’84, THOMAS GOLDSTEIN

and WILLIAM LEE; and alumni ROBERT S.

BENNETT LL.M. ’65, MORGAN CHU ’76, PAUL

CLEMENT ’92, H. RODGIN COHEN ’68, CARI

DAWSON ’93, BRACKETT DENNISTON ’73,PATRICK FITZGERALD ’85, PATRICIA MIL-

LETT ’88, JOHN B. QUINN ’76, ERIC T.

SCHNEIDERMAN ’82, KATH LEEN SULLIVAN

’81 and TIMOTHY WU ’98.

expertise on New professors of practice will share al technologyinternational law and digita

2 Harvard Law Today July 2013

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Shay testifies at Apple hearing For the second time this year, Professor ofPractice STEPHEN SHAY testified on offshore profit shifting and the U.S. tax code before

the Homeland Security & Governmental Affairs Permanent Subcommitteeon Investigations. At thehearing, which included testimony from AppleCEO Timothy Cook, the subcommittee continuedits examination of the

structures and methods employed by multinational corporations to shift profitsoffshore. Shay joined the law school faculty after extensive experience developingand overseeing implementation of U.S.international tax policy.

Assistant Dean/Chief ofCommunicationsROBB LONDON ’86

EditorCHRISTINE PERKINS

Managing EditorLINDA GRANT

Design DirectorRONN CAMPISI

ContributorsLANA BIRBRAIR ’15, SOPHY BISHOP, DICK DAHL, CHUCKLEDDY, EMILY NEWBURGER,LORI ANN SASLAV, DIVYASUBRAHMANYAM ’15

Editorial Off iceffHarvard Law Today1563 Mass. Ave.Cambridge, MA [email protected]

Send change of address toAlumni Records1563 Massachusetts Ave.Cambridge, MA [email protected]

Volume 12 Number 3

Harvard Law Today is published by Harvard Law School© 2013 by the President and Fellows of Harvard College

HARVARD LAW TODAY

Experts and judges convene on intellectual property THE BIENNIAL HARVARD Law School Conferenceon Intellectual Property Law attracted scores of IPlawyers, businesspeople, academicians and judges tothe school April 12 to discuss recent developments inIP law. According to WILLIAM W. FISHER, the Wilm-erHale Professor of Intellectual Property Law at HLS and co-chair of the event since its inception 10 years ago, the purpose of the conference is to stimulate dis-cussion of IP law through a variety of mechanisms. This year’s conference featured a keynote speech by QUENTIN PALFREY ’02, former senior adviser at the White House Office of Science and Technology Policy, and an opportunity for attendees to examineffcurrent IP issues through participation in two case-study groups. Six federal circuit and district court judges also provided insights into the workings of their courts and advice to lawyers.

Jody Freeman, on the back of a Harley on the Golden Gate bridge, with PBS host Peter Sagal.

perts and judgene on

t l

s and ju

Professors JODY FREEMAN LL.M. ’91 S.J.D. ’95, JACK GOLDSMITH and LAWRENCE LESSIG were featured on hosted by Peter Sagal, explored“Constitution USA,” a four-part series which aired on PBS in May. The series, e of today’s major constitutional the meaning of the Constitution, historical events that have defined it and som

debates. Professor ANNETTE GORDON-REED ’84 uildings that Changed America.” was featured on PBS’s “10 Buned by Thomas Jefferson in 1788.She discussed the Virginia State Capitol, which was design

Alex Whiting (top), Urs Gasser

John F. Manning

Timothy Cook, Apple CEO, and

Shay (right)

JAY

MA

LLIN

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July 2013 Harvard Law Today 3

Playing hardballTasked with providing strategic advice for a Major League Baseball negotiation aimed at theimplementation of an international amateur draft, six teams of Harvard Law School students participated in a semester-long project, competing for the opportunity to present their findings to MLB executives. Clinical Professor ROBERT BORDONE ’97 developed the capstone consulting projectwith MLB for his course, Advanced Negotiation: Multiparty Negotiation, Group Decision Making, and Teams, co-taught with Lecturer on Law RORY VAN LOO ’07. The winning team of JONATHAN BENNETT

’12, ALEXIS BEVERIDGE ’13, TARIK ELHUSSEIN ’13, CHRIS DAVIS ’14 and JAE IN KIM ’13 (pictured left to right) with Van Loo, traveled to New York City to deliver their presentation to MLB executives, includingROBERT MANFRED ’83, executive vice president of economics and league affairs.

An oath to the Constitution, aboard the ConstitutionCmdr. MIKE ADAMS LL.M. ’13 oversaw the commissioning ceremony of (L-R) JOSHUA FIVESON ’14, LEE HIROMOTO ’13 and JORDI TORRES ’13,

who were commissioned as officers of the Navy JAG Corps in a ceremonyaboard the USS Constitution, in Boston, on May 14. Lt. Cmdr. GREG

SAYBOLT LL.M. ’13 and Lt. Cmdr. MATT IVEY LL.M. ’13, both lawyers inthe U.S. Navy and members of the JAG Corps, were also involved in the ceremony.

MORGAN CHU, one of the na-tion’s pre-eminent intellectualproperty lawyers, and his wife, Helen Chu, have given $5 mil-lion to Harvard Law School to establish in perpetuity the chair held by the dean of the faculty at HLS. The inaugural Morganand Helen Chu Dean’s Profes-sorship, which will be held by Dean Martha Minow, “willdemonstrate a commitment to excellence, innovation and pub-lic service honoring some of the most brilliant legal minds of our time,” said Morgan Chu, a 1976graduate of the Law School.

A partner at Irell & Manella in Los Angeles, he is a zealousadvocate for pro bono legal representation and the longest-serving member of the board of directors of the Public CounselLaw Center, the nation’s larg-est not-for-profit public interestlaw firm. Helen Chu, a public school teacher for decades, said,“Nothing is more important than education at all levels, and weare pleased to make an invest-ment for the long-term future that will outlive both of us.”

Dukakis on the importance of building consensusACCORDING TO former Massachusetts Gov. MICHAEL DUKAKIS ’60,tackling most public policy challenges begins with the same steps: “Make a list. Create a working group. Bring these folks together. See if you can at least begin by getting agreement on what the problem is. If you do that, you’re halfway to a solution.”

Dukakis, who was the Democratic nominee for president in 1988and is now a professor of political science at Northeastern University, visited a session of Harvard Law School’s Negotiation Workshop in lateApril to lead a discussion of a case study and answer student questions. Along the way, he shared anecdotes from his time as the longest-serving governor of Massachusetts and ideas about negotiation gleaned from a long career in public life.

More broadly, Dukakis urged students in the workshop to enter thepublic sector and use their skills to build con-sensus around important public policy issues.

“There’s nothing like it,” he said. “To be ina position where you can make a difference inthe lives of your fellow citizens is one of therare privileges of public life.”

Morgan and Helen Chu commit $5 million to Harvard Law SchoolGift will endow chair to be held by the dean of the faculty

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“TO BE IN A POSITION WHERE YOU CAN MAKE

A DIFFERENCE IN THE LIVES OF

YOUR FELLOW CITIZENS IS ONE

OF THE RARE PRIVILEGES OF

PUBLIC LIFE.”Michael

Dukakis ’60

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4 Harvard Law Today July 2013

The Harvard Law School Class of 2013 assembled at Holmes Field, in front of Langdell Library, on May 29 and 30 to commemorate the completion of their studies. This year the law school conferred 740 degrees: 571 J.D.’s, 158 LL.M’s and 11 S.J.D’s.

SACHS TELLS CLASS OF 2013: ‘The really interesting stuff is going to begin when the precedent runs out.’ Professor BENJAMIN I. SACHS, a specialist in labor and workplace law,was this year’s winner of the prestigious Albert M. Sacks-Paul A. Freund Award for Teaching Excellence, an honor bestowed each spring by the Harvard Law School graduating class. The award recognizes teaching ability, attentiveness to student concerns and general contributions to student life at the law school.

In preparing his speech, Sachs told the audience he had done whatlawyers are trained to do: He looked to “relevant precedent.” But he told the members of the Class of 2013 that they are “graduating into a world where the following of precedent will not be enough. … Thereare big-league crises out there, and the people who have come before you do not know how to solve them.”

It will take creativity and invention, he said. And the best lawyers—like artists and musicians—are able to integrate what has come before into the process of creating something new.

“In the end, Class of 2013, the world is giving you a graduation gift,”he said. “That gift is a long list of problems to solve and no guide for solving them.”

It’s a gift, he added, “because, when it comes to your lives as lawyers, the really interesting stuff is going to begin exactly when the precedent runs out. When you don’t know what to do. When you can’t come upwith an example of someone who has faced the decision you face, orwho has made the move that you think needs to be made.”

Sachs joined the Harvard Law School faculty in 2008 as an assistant professor. He received tenure last year. Previously, he was the Joseph Goldstein Fellow at Yale Law School, where was awarded the 2007Yale Law School Teaching Award. From 2002 to 2006, he served as assistant general counsel of the Service Employees International Union in Washington, D.C.

His most recent scholarship includes “Unions, Corporations, and Political Opt-Out Rights after Citizens United” (Columbia Law Review, 2012) and “Despite Preemption: Making Labor Law in Cities and States” (Harvard Law Review, 2011). l WATCH VIDEO bit.ly/Sachs2013

Commencement 2013

Benjamin I. Sachs

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“YOU HAVE THE OPPORTUNITY

TO MAKE A DIFFERENCE. YOU CAN BE THE GAME

CHANGER IN WHATEVER YOU

CHOOSE TO PURSUE. IN THE END,

WHAT YOU DO FOR OTHERS … WILL

MAKE ALL THE DIFFERENCE IN YOUR LIFE.” Paul Perito ’64

342,069Number of hours of pro bonolegal work and public service

contributed by the Harvard LawSchool Class of 2013

596Average number of hours

per student

2,270Number of free legal services hours provided by Lena Silver

’13 during her time at HLS. She is the winner of this year’s Andrew

L. Kaufman Pro Bono Service Award, performing the highest

number of pro bono service hours in the Class of 2013.

GOOD WORK

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A QUESTION OF BALANCE 5 from page 1

Shoould law schools care aboutinteellectual diversity?

l WATCH VIDEO bit.ly/Intellectualdiversity2013

Enccouraging intellectual diversity

l WATCH VIDEO bit.ly/Intellectualdiversity-Panel3_2013

L-R: Panelists David Barron, Mark Tushnet, James Lindgren and Jack Goldsmith

leagues make questionable intellectual assumptions for theirprogressive-leaning arguments. “Most conversations here beginfrom deeply progressive premises, often unreflected [upon],”said Goldsmith, who described conservative opinions as having “second-class status” at HLS.

Conservative students at HLS also feel a progressive bias, Goldsmith said. Students have described “open hostility to con-servative views in classrooms” and “condescending dismissals of decisions from [Supreme Court Justice Antonin] Scalia” and other conservative justices, he said. “Intellectual intolerance isbad for our community,” Goldsmith told the audience.

Still, the tough intellectual atmosphere has helped him pro-fessionally, he said. “I think my scholarship has benefited enor-mously from having my premises questioned [at HLS],” while “my progressive colleagues are harmed by the lack of intellectual diversity.” As for solutions, Goldsmith doesn’t believe a quota

system for hiring conservative andlibertarian faculty is the answer. The best solution is to find faculty who will teach with a balanced, inclusive approach.

HLS’s Mark Tushnet spoke about the difficulties in hiring conservative faculty, from both the supply side and the demand

side. On the supply side, he described two problems: First, “evan-gelicals are underrepresented because they have a general skep-ticism about law itself,” and second, “conservatives look morefavorably upon big firm practice.” On the demand side, contin-ued Tushnet, “law schools are predominantly center-left and do center-left hiring.”

Tushnet contended that law schools in hiring mode “have agreater willingness to look to the far right than the far left,” be-cause those on the far left are sooner viewed as “unsound” com-pared with those on the far right. Goldsmith pointedly disagreed:“There aren’t any views left of center that are disqualifying,” hesaid, “but there are views on the right that are.”

Joel Alicea ’13, president of the Harvard Federalist Society, co-sponsor of the event with the Milbank Tweed Student ConferenceFund, elaborated on the issues raised in a conversation with theHarvard Gazette.

“What’s lost is the opportunity for students to encounter the best arguments on all sides of a legal issue, articulated in thestrongest form by those who actually hold those beliefs,” hesaid. Without intellectual diversity, “students are not challenged to think deeply about their own views, [so] they will never have had the opportunity to really test their own beliefs. It’s the stu-dents who hold the dominant ideology who are hurt most, not conservatives.”

The above article, by Chuck Leddy, was published on April 9 in the Harvard Gazette.

‘YOU WILL BE COUNSEL FOR SITUATIONS TO COME’In her Commencement address, Dean MARTHA MINOW

urged graduates to take inspiration from the life and work of WILLIAM THADDEUS COLEMAN JR. ’43, who was awarded the 2013 Harvard Medal, one of Harvard University’s highest honors. Minow reflected on the success Coleman achieved in his life and career, despite a number of obstacles. Coleman, one of only three African-Americans in his law school class,served on the Harvard Law Review and ranked first in his class,although his academic achievement wasn’t recognized by the

law school until decades later. He was the first African-American to serve as a clerk for a U.S. Supreme Court justice. He co-wrote the legal brief for the appellants in the 1954 Brown v. Board of Educationcase and served as a member of Thurgood Marshall’s legal team at the NAACP Legal Defense Fund, where he later served as president. He went on to work on behalf of several presidents, most notably as secretary of transportation under President Ford.

Minow described Coleman as someone who aimed to be a counselor, negotiator and problem-solver, while maintaining the highest standards of ethics, serving the public interest and never taking a barrier as areason not to try. She told graduates: “Now it is your turn. You, the Harvard Law School Class of 2013, willbe counsel for situations to come. You will define law, business, policy, leadership, in the days and yearsahead. Will you take risks? Will you grab challenges? Will you invent new approaches to tough problems?Your influence reflects what Harvard Law School is and who you are and who you will become. I ask you to use your influence to better your communities and the world.” l WATCH VIDEO bit.ly/Minow2013

IN BRIEF

J.D. speaker JOSIE DUFFY ’13 urged herclassmates to “embrace the gray area,” andbecome not only lawyers, but “fighters,peacemakers, preachers and engineers.” Duffy reminded her classmates to helppeople on a daily basis, especially people whom they might not expect to help.

LEONIDAS STASIS THEODOSIOU LL.M. ’13,this year’s LL.M. Commencement speaker, said: “Among the lessons we have learned at Harvard is that law can serve as a tool for social change, a guarantee of fundamentalrights, as a means to combat discrimination and social injustice ... In Greece, for instance, as a result of the protracted economic crisis,we witnessed the rise of Neo-Facism. In response, new laws are being preparedto afford greater protection to minorities and other vulnerable groups againstdiscrimination, violence and hate speech.”

CLASS DAY SPEAKER: JEFFREY TOOBIN ’86 Author, lawyer and Emmy Award-winning legal analyst JEFFREY TOOBIN ’86 served as Class Day speaker on May 29. Currently a staff writer for TheNew Yorker and a senior legal analyst at CNN, he is the author of five books, including “The Oath: The Obama White House and the Supreme Court” and “The Nine: Inside the Secret World of the Supreme Court,” which won the J. Anthony Lukas Book Prize and was a New York Times best-seller. He won an Emmy Award for his coverage of the Elián González custody battle in 2000.

l WATCH VIDEO bit.ly/Toobin2013

Each year, one student from the J.D. and one from the LL.M. class are selected to reflect on insights they have gleaned from their law school experience.

JosJosie ie DuffD y ’13ff

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Photographs by Tony Rinaldo

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6 Harvard Law Today July 2013

ENVIRONMENTAL LAWLESSNESS WAS the topic of discussion on April 10, as Rich-ard Lazarus ’79, one of the nation’s fore-most experts on environmental law, gave a lecture marking his appointment to the Howard J. and Katherine W. Aibel Professorship of Law.

Speaking before a crowd of family, students, colleaguesand friends—including Chief Justice of the United States John G. Roberts Jr. ’79—Laza-rus described how environ-mental law has fallen “in ar-rears.” After a period of legal and policy innovation that resulted in landmark stat-utes like the Clean Water Act and the Endangered SpeciesAct, Congress has not passed a major new environmental statute or amendment since 1990, he said.The result of this stagnation is a growing mis-match between contemporary technologicaland environmental issues and outdated, in-flexible statutes.

“Forty years after modern environmental law’s remarkable emergence here in the Unit-ed States, there is a whole lot of environmen-tal law, but our nation’s environmental stat-utes nonetheless frequently fail to address,

in any systematic way, many of the most pressing envi-ronmental problems we face.The law and our governmen-tal institutions areagain increasingly in arrears. The legallandscape is simul-taneously full andempty, dominated by gaps,”said Lazarus.

Lazarus has represented theUnited States, state and localgovernments, and environ-mental groups in the U.S. Su-preme Court in approximately

40 cases, many of which raised natural re-source and environmental law issues. From2010 to 2011, he served as executive directorof the National Commission on the BP Deep-water Horizon Oil Spill and Offshore Drilling,

Tomiko Brown-Nagin on the new Law and History program of study

Professor Lazarus ’79, with his wife,Jeannette Austin, and their good friendChief Justice John G. Roberts Jr. ’79

appointed by President Barack Obama ’91to investigate the root causes of the Gulf of Mexico oil spill.

His 2004 publication, “The Making of Environmental Law” (University of ChicagoPress), is widely hailed as the definitive histo-ry of the emergence and evolution of modernenvironmental law in the United States. Hismost recent written works are “Advocacy

Matters: Transforming the Court by Trans-forming the Bar: Business and the RobertsCourt” (Jonathan Adler, ed., Oxford Uni-versity Press, forthcoming) and “Deep Wa-ter—The Gulf Oil Disaster and the Future of Offshore Drilling—Report to the President” (executive director of commission and prin-cipal report author, 2011).l WATCH VIDEO bit.ly/Lazarus2013

One of thenation’sforemost environmentallaw expertswarns oflegal stagnation

This spring, HLS launched the Law and History program of study headed by two faculty leaders: Professor Tomiko Brown-Nagin, who is also a professor of history in the faculty of Arts and Sciences, and Professor Kenneth Mack ’91. The program of study will guide students in navigating HLS’s extensive course offerings and connect them with faculty whose interests they share. In February, Professors Brown-Nagin and Mack held a kick-off event featuring a panel discussion with Charles Donahue, Annette Gordon-Reed and Mark Tushnet.

What does the Law and History program of study aim to do?The goal of the program is to make students aware that there are a number of world-class legal histo-rians on the faculty at Harvard Law School who have a lot to offer to students who are interested in his-tory casually, but also to students who might be considering a careerin academia. We’re also building community. As of next year, we will be including students in the legal history colloquium, which will be a class where students can meet professors who are coming to present their work. I think there’s a fabulous opportunity for students to network with people who aresuccessful in their professions.

One of the things I want to be ab-solutely clear to students—some-thing that wasn’t actually crystal clear to me when I first started trying to combine my interest insocial history and law—is that the

two are completely compatible. Itshould not be considered odd orstrange to study legal history in the context of law school. If any-thing, I think studying the context in which the law develops makes it clearer how doctrine evolves over time, what goes into the making of doctrine, that it’s not just the law alone—it’s the identity of a law-maker, it is the social context, itcan be the identity of the plaintiffs and defendants, it can be geopo-litical considerations, it could be what’s happening in politics. I want students to be comfortable and interested and excited about studying legal history.

How did the Law and History program originate, and how did your own experiences bring you to helping start it?It launched in part because of a felt need on the parts of me and Ken[Mack] and the dean. We needed an institutional space to showcase

the faculty and to make connec-tions among folks on campus who are interested in history.

The program also grew out of my own experiences and frustra-tions as a law student interested in doing something that at the time was unconventional: talking about law and legal history not only in a top-down manner, but from a bottom-up perspective. I didn’tknow how to do it within the con-fines of law school. When you’re doing something that’s different or new, there’s always the response of, “Well, that isn’t really legal his-tory; that’s not constitutional his-tory.”

For students in the Law and His-tory program, I want to be accessi-ble to them and I want to help them not experience the barriers that Idid when I was trying to make my way. I view mentoring students asvery important, and I see the Lawand History program as a way tomentor for all of us.

JON

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IL F

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RICHARD LAZARUS

Environmental law has fallen ‘in arrears’

Tomiko Brown-Nagin is an award-winning

historian and constitu-tional law expert. Her 2011 book, “Courage

to Dissent: Atlanta and the Long History of the

Civil Rights Movement,” won the Bancroft Prize

in U.S. history, one of the highest honors

awarded to a work in the field of history.

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July 2013 Harvard Law Today 7

PUBLIC SERVICE VENTURE FUND 5 from page 1

selection process advised by experienced entrepreneurs.“As we inaugurate the Public Service Venture Fund,

we are grateful for the energy and innovative thinking of students, alumni, faculty and expert advisers who par-ticipated in workshops, courses and advising sessions on social enterprise possibilities for addressing vital publicissues,” said Harvard Law School Dean Martha Minow. “I salute the talents, risk-taking, and devotion to others thatcharacterize each recipient of the initial grants and fellow-ships. We are immensely indebted to all the donors whose vision saw the need to realize the dreams of students who want to serve people in need. Special recognition shouldbe given to Irving and Carol Yoskowitz and Karl and Joan Zeisler for their most generous support to this inaugural year of the fund.”

The Public Service Venture Fund started taking shape about two years ago at a time when the economy was still in decline. While many HLS students successfully landedexternal fellowships such as those offered by the Skadden Foundation and Equal Justice Works, the increasing num-ber of students seeking public interest work highlighteda growing demand for more funding options, said Alexa Shabecoff, assistant dean for public service and directorffof the Bernard Koteen Office of Public Interest Advis-ing, who is directing the fund. At the same time, the economic downturn led to budget cuts in public interest organizations, as well as a significant rise in the need forlegal services.

The fund, administered by the law school’s Bernard Koteen Office of Public Interest Advising, comes with a host of related services for applicants, especially thoseapplying for seed grants. OPIA has enlisted alumni andothers to assist applicants with business advice and withdeveloping the business plan and budget required to ap-ply for a seed grant, and also to help fellows incorporatetheir startups.

Sweet Sixteen! Thirteen graduating students and three alumni were chosen as this year’s inaugural Public Service Venture Fund fellows based on their vision for how to approach a public service problem.

2013 recipients of Skirnick, Kaufman and One Day’s Work Fellowships for public service

SEED GRANT RECIPIENTS

ALEC KARAKATSANIS ’08 AND PHIL TELFEYAN ’08Alec Karakatsanis and Phil Telfeyan will found Equal Justice Under Law, a non-profit civil rights law firm dedicated tochallenging the role of the profit motive in areas related to the criminal justicesystem. Graduates of the Harvard Law School Class of 2008, they met during amoot court competition in their 1L year.Karakatsanis is presently an attorney in the Special Litigation Division of thePublic Defender Service for the District of Columbia, where he litigates complexcriminal law and civil rights cases in fed-eral and D.C. trial and appellate courts. Telfeyan received a Heyman Fellowship for service in the federal governmentand has worked since 2009 in the Civil Rights Division of the United StatesDepartment of Justice, where he is cur-rently a trial attorney. During his timein the Civil Rights Division, Telfeyan has investigated and litigated cases of employment discrimination against im-migrant workers.

DAVID WERTIME ’07In December 2011, along with two otherHLS alumni, David Wertime co-foundedTea Leaf Nation, a news site that gauges Chinese citizen sentiment by analyz-ing the Chinese Internet. More than 70volunteer writers have contributed tothe organization, which is a partner siteto TheAtlantic.com and the Asia Soci-ety’s ChinaFile.com. Wertime is also aChinaFile fellow at the Asia Society, a correspondent for The Atlantic and an associate fellow at the Truman National Security Project.

ORGANIZATION-BASED FELLOWS

ONA BALKUS J.D./M.P.H. ’13As a clinical fellow at the Center forHealth Law and Policy Innovation at Harvard Law School, Ona Balkus will fo-cus her fellowship on law and policy proj-ects aimed at increasing the availabilityof healthy foods and access to healthcare for low-income populations.

NICOLETTE BOEHLAND ’13 Nicolette Boehland will document civil-ian experiences in armed conflict as a staff attorney at the Center for Civilians in Conflict, conducting research in Syria,Somalia and the Philippines.

GENEVIEVE BONADIES ’13Genevieve Bonadies will develop school-legal partnerships in Oakland, Calif.,public schools as a staff member at Cen-tro Legal de la Raza.

THE SKIRNICK FELLOWSHIPS were estab-lished by Maria Ann Skirnick ’69 and Robert A. Skirnick, along with their daughter Gabriella Skirnick ’07, to promote public service. This year’s recipients are:

1 LISA FRIEDMAN ’13 Lisa Friedman will work at East BayChildren’s Law Offices, where she will provide representation and advocacy to reduce the number of foster children entering the juvenile delinquency system in Alameda County, Calif.

ONE DAY’S WORK Friedman is also this year’srecipient of the One Day’s Work Fellowship, which is funded by Harvard Law School studentswho donate a day’s pay from summer jobs, so that graduating students can pursue a postgraduate public service job.

2 LAURA KING ’13Laura King will work as a staff attorney in the Northern Rockies office of the Western Environ-mental Law Center.

THE IRVING R. KAUFMAN FELLOWSHIPS werecreated in recognition of Judge Kaufman’s dis-tinguished career in public service and are madepossible by a gift from the late Hon. Walter An-nenberg. This year’s fellows are:

3 DELPHIA LIM LL.M. ’13Delphia Lim will be spending her fellowship year at Accountability Counsel in San Francisco, providing legal and strategic assistance to poorcommunities in developing countries harmed bydevelopment projects.

4 VALENTINA MONTOYA LL.M. ’13 Valentina Montoya will work as a litigator at the Center for Reproductive Rights in Bogotá, Co-lombia, and New York City.

5 DAVID SELIGMAN ’10David Seligman will work at the National Con-sumer Law Center in Boston, providing direct le-gal services to low-income residents in the area of consumer protection with a focus on the effectsof mandatory arbitration clauses.

6 Claire Valentin ’11Claire Valentin will provide comprehensive legal representation to unaccompanied immigrant youth on the North Shore of Massachusetts, through collaboration with the Children’s Law Center of Massachusetts.

3

4

5

6

2

1

ANDREW CROCKER ’13 Andrew Crocker will work as a staff at-torney on the civil liberties docket at theElectronic Frontier Foundation, an inter-national digital rights group.

FRANCES DALES ’13Frances Dales will work in partnership with the Julian Cho Society conductingfoundational research to launch a community-organizing program in southern Belize on the connectionbetween indigenous land rights and foodsecurity.

SHELMUN DASHAN ’13 Shelmun Dashan will work as a fellow in the consumer practice group at Legal Assistance Foundation of Metropolitan Chicago, the principal provider of freelegal services to low-income residents in the Chicago area.

STEPHANIE DAVIDSON ’13Stephanie Davidson will work at Urban Justice Center’s Domestic Violence Project, where she will provide direct civil legal services to low-income survivors of domestic violence who are living with disabilities.

JASON GELBORT J.D./M.A.L.D. ’13Jason Gelbort will work at the Public In-ternational Law & Policy Group, in Libyaand Kosovo.

LILLIAN LANGFORD J.D./M.P.P. ’13Lillian Langford will work in the Law Program of the Soros Foundation-Kyr-gyzstan.

ELIAN MARITZ ’13Elian Maritz will work at the U.S. Com-mittee for Refugees and Immigrants, inWashington, D.C., focusing on three spe-cific projects: pro bono legal services, theanti-warehousing campaign and protect-ing unaccompanied migrant children.

ELSA MEANY ’13Elsa Meany will work at Women’s Link Worldwide in Bogotá, Colombia, whereshe will pursue innovative gender rightsadvocacy.

SUMMER MOORE-ESTES ’13Summer Moore-Estes will work as a staff attorney, focusing on immigration and asylum law, in a joint collaboration be-tween the Massachusetts Immigrant and Refugee Advocacy Coalition and GreaterBoston Legal Services.

LENA SILVER ’13Lena Silver will serve as a staff attorney at the Sargent Shriver National Center on Poverty Law in Chicago.

“THE INCREASINGNUMBER OF

STUDENTS SEEKING

PUBLIC INTERESTWORK

HIGHLIGHTED A GROWING

DEMANDFOR MORE

FUNDINGOPTIONS.”

Alexa Shabecoff

THE SKIRNICKS: ROBERT, MARIA AND THEIR DAUGHTER GABRIELLA

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One hundred years ago, a small groupof Harvard Lawstudents formed an organization toprovide legal aid to the poor. In the 10 decades since itsfounding, the Legal Aid Bureau—theoldest student-run legal services programin the country—has helped thousands of clients. Many of itsformer members—from the late SupremeCourt Justice WilliamBrennan ’31 to the current Governorof MassachusettsDeval Patrick ’82 and the First Lady of the United StatesMichelle Obama’88—have gone on to make important contributions topublic service.

On Nov. 8 to 10,the Bureau will mark its centennial with a gala celebration atthe law school. The event will feature keynote speakers and panel discussionson “Closing the gap: Evolvinglegal educationand improving the clinical experience,” “Serving low-income communities across the three branches of government” and “Access to justice: Looking beyond legalservices.” %For more information or to register for the event, contact: [email protected] or visit harvardlegalaid.org/100th.

GIVING BACK

y of learning and serviceA century

On Nov. 8, 1913,the Boston Herald reported that Harvard Law Student Charles Rugg 1914 argued the first court case to be tried in court by theHarvard Legal Aid Association. Since that historic first, the organizationhas continuedits mission

of ensuringequal accessto justice byproviding freelegal servicesin civil mattersto low incomepeople. HLSstudents haverepresentedclients in a wide range oflegal matters, includinghousing, family,governmentassistance,

and wage andhourly law. TheBureau’s currentprojects includethe Pro SeDivorce Clinic,the EvictionClinic, and theForeclosureTask Force,which was aresponse to the wave of foreclosuresin Bostonneighborhoodsstarting in 2007.

Project No One Leaves, a tenants’ rights organiza-

tion, was established in 2008 by members of the

Legal Aid Bureau.

For ten decades, HLAB has given students an in-depth academic experience.

Members of the Harvard Legal Aid Bureau, 1914 to 1915.

HLAB is the nation’s oldest student-run legal services organization.

Jean Strout ‘14 working on a family practice case. Many of her cases involve domestic violence and non-English speaking clients.

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“BUREAU EXPOSURE IS TO THE

HARD REALITY … NOT AS IT’S

DEPICTED IN BOOKS,

BUT AS IT ACTUALLY IS.”

WIlliam J. Brennan Jr. ’31

M TOP LEFT: HARVARD UNIVERSITY ARCHIVES, HLS HISTORICAL & SPECIAL COLLECTIONS (3), AYNSLEY FLOYD AND EMMA PHOTOS, CLOCKWISE FROM RAVIV